Net Neutrality

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Overview

Net neutrality is shorthand for the concept that internet users should be in control of what content they view and what applications they use on the internet. NAR supports legislative and regulatory efforts to ensure that broadband providers adhere to net neutrality practices. Net neutrality practices are essential to ensure that REALTOR® content may be freely and efficiently distributed online.

In April 2015, the Federal Communications Commission (FCC), chaired by Tom Wheeler, published a rule implementing open internet regulations that prohibit the blocking or degrading of lawful content on the internet by internet service providers.

In November 2017, the FCC, under chairman Ajit Pai, released a plan to dismantle these landmark regulations that ensure equal access to the internet, clearing the way for internet service companies to charge users more to see certain content and to curb access to some websites.

The issue then moved to the courts, where several groups challenged the FCC’s decision. Congress also considered legislation that would codify the rules in law.

On June 11, 2018, however, the FCC's repeal of net neutrality rules took effect.

On October 1, 2019, the DC Circuit Court of Appeals upheld the FCC’s decision but found that the FCC had overstepped its authority when it banned states from enacting their own net neutrality rules. California, New Jersey, Oregon, Vermont and Washington have already enacted legislation or adopted resolutions protecting net neutrality. Thirty-four states and the District of Columbia have introduced bills and resolutions. NAR will continue to work with Congress and the FCC to protect our members’ ability to freely share lawful content on the internet.

What is the fundamental issue?

Net neutrality is shorthand for the concept that Internet users should be in control of what content they view and what applications they use on the Internet. More specifically, net neutrality requires that broadband networks be free of restrictions on content, sites, or platforms. Networks should not restrict the equipment that may be attached to them, nor the modes of communication allowed on them. Finally, networks should ensure that communication is not unreasonably degraded by other communication streams.

I am a real estate professional. What does this mean for my business?

The business of real estate is increasingly conducted on-line. Streaming video, virtual tours and voice-over-internet-protocol are just some of the technologies that are commonly used by real estate professionals today. In the future, new technologies will be adopted which will no doubt require unencumbered network access.

Some real estate professionals, realty website operators and real estate industry affiliated content providers believe net neutrality provisions are necessary to prevent broadband providers (cable and telephone companies, primarily) from implementing possibly discriminatory practices that could negatively impact real estate professionals’ use of the Internet to market their listings and services. Some possible examples include practices that would (1) limit the public’s access to real estate websites, (2) limit a real estate firm access to online service providers who may be in competition with the network operators’ (ISP’s) own services, e.g. Internet phone services, or (3) charging certain websites more for the broadband speeds necessary to properly transmit or display audio or video content such as online property tour, podcast or phone services.

NAR Policy:

NAR supports legislative and regulatory efforts to ensure that broadband providers adhere to net neutral practices. NAR is concerned about the FCC's "fast lanes" proposal and has commented in opposition to that proposal in 2015.

The business of real estate is increasingly conducted on-line. Streaming video, virtual tours and voice-over-internet-protocol are just some of the technologies that are commonly used by real estate professionals today. Net neutral practices will be essential to ensure that real estate content can be freely and efficiently distributed online.

On June 11, 2018, however, the FCC's repeal of net neutrality rules took effect.

On October 1, 2019, the DC Circuit Court of Appeals upheld the FCC’s decision but found that the FCC had overstepped its authority when it banned states from enacting their own net neutrality rules. California, New Jersey, Oregon, Vermont and Washington have already enacted legislation or adopted resolutions protecting net neutrality. Thirty-four states and the District of Columbia have introduced bills and resolutions. NAR will continue to work with Congress and the FCC to protect our members’ ability to freely share lawful content on the internet.